Terms and Conditions of Access to Data.
BMT Fluid Mechanics Limited (the "Licensor") is the owner of the data, software and
documentation concerning global wave statistics together known as Global Wave Statistics Online.
Any electronic or hardcopy of the data, software or documentation shall contain the
Licensor's copyright notice.
You should promptly notify the Licensor in writing if anyone makes a claim against
you that Global Wave Statistics Online infringes their copyright. Licensor shall, at its option take over
and defend such claim, make its Global Wave Statistics Online non-infringing, obtain for you the right
to use Global Wave Statistics Online, or give you a full refund. This is your only remedy in the event of
such a claim for infringement.
The Licensor grants a non-exclusive license (the "License") to you to access and use
data provided free of charge and data which you have selected and paid for (the
"Data") subject to the conditions of this Agreement. You may not sell, transfer, sub-
license, barter, lend or lease the Data.
It is a condition of granting of this License to use the Data that you accurately
complete the Registration process.
You agree to take all reasonable steps to safeguard your access password, and in
any case not to disclose this to any other person. We reserve the right to cancel your
current password at any time for security purposes.
- Data Protection
You understand and agree that the Licensor may pass on information provided by
you for the purposes of verifying your identity and credit status, and for obtaining
payment, as part of the purchase by you of Data. This may involve transmission of
your details outside the European Economic Area.
This license is effective until terminated. You may terminate it at any time by
destroying all hard copies of the Data, deleting all Data held electronically, and
informing Licensor that you have done so and wish to terminate the License.
Termination by you shall not relieve you of the obligation to pay for Data which you
have requested, to which you have already been granted access and which by reason of
its nature cannot be returned.
The Licensor may terminate this License in the event that you breach any of the
terms hereof. In the event of notification of termination by Licensor you shall destroy
all hard copies of the Data and delete all Data held electronically.
- Failure of Delivery of Data
If you are unable to access Global Wave Statistics Online Data which you have requested, paid for,
and to which Licensor has notified you that you have been granted access, you must
advise Licensor immediately. In this case Licensor may, at its option, either ensure
that you are able to access such Data or make a full refund of the price you have
- Limited Warranty
The Licensor shall refund in full the price you paid for the Data in the event, and to
the extent that the Data is shown to be materially inaccurate within sixty days of
- Disclaimer of Other Warranties and Liabilities
Except for the limited warranty described above there are no warranties, either
express or implied for Global Wave Statistics Online. The Licensor expressly disclaims all other
warranties including (without limitation) implied warranties of merchantability and
fitness for any particular purpose.
Global Wave Statistics Online IS A SPECIALIST PRODUCT SUITABLE FOR USE ONLY BY
PERSONS HAVING THE NECESSARY PROFESSIONAL EXPERTISE. BY
AGREEING TO THESE TERMS AND CONDITIONS YOU CONFIRM THAT YOU
HAVE SATISFIED YOURSELF THAT THE DATA IS SUITABLE FOR YOUR
INTENDED PURPOSE AND THAT YOU HAVE THE EXPERTISE TO USE THE
DATA FOR THAT PURPOSE.
LICENSOR EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE RESULTS
OBTAINED BY ANY MANIPULATION BY YOU OF THE DATA.
- Limitation of Liability
A further limitation in addition to the above is that the Licensor's liability for damages
for any cause whatsoever and regardless of the form of action whether in contract,
tort or otherwise shall not exceed the amount you paid for the Data and you shall
indemnify and hold harmless the Licensor against any liability in excess of this
amount. The limitations set out in this clause shall not apply to the liability of the
Licensor (if any) for death or personal injury caused by the negligence of the
If for any reason whatsoever any one or more of the provisions of this Agreement
shall be deemed inoperative, unenforceable or invalid by any court having
jurisdiction, the other provisions shall nonetheless remain in full force and effect.
This Agreement shall be governed and construed in accordance with English Law
and any dispute arising in respect of this Agreement shall be subject to the
jurisdiction of the English Courts.